Antitrust

The Antitrust Practice has achieved significant client successes in antitrust trials and appeals, in grand jury investigations and in premerger antitrust investigations. As antitrust advocates and counselors, we succeed by combining an understanding of our client’s business with a proficiency in the law and in the art of advocacy.  We interact frequently with the government antitrust enforcement agencies so that we understand their informal as well as formal enforcement priorities and can anticipate their analysis, while not losing the edge and objectivity necessary to overcome governmental obstacles to achieving client objectives.

Our multidisciplinary Antitrust Practice includes attorneys experienced in litigation and white collar criminal defense who assist clients in a wide variety of high-tech and traditional manufacturing and service industries. Our antitrust practice is as vibrant and diverse as our client base, ranging from technology and new media start-ups to large multinational corporations, from professional sports franchises to the health care industry.

Members of the Antitrust Practice provide litigation and transactional representation, as well as strategic counseling, involving:

• Antitrust trials and appeals of national prominence, ranging from a professional sports team’s challenge to league licensing restraints to multidistrict class actions alleging nationwide price fixing
• Strategic alliances, acquisitions and licenses in emerging technology and Internet markets
• Federal, state and international court and grand jury proceedings
• Civil and criminal government investigations concerning mergers and acquisitions, joint ventures, relationships with competitors and customers and trade association activities
• Arbitrations of antitrust and unfair trade practice claims
• Design and implementation of written and interactive antitrust compliance programs
• Distribution programs and marketing agreements
• Submission of requests for business review letters to antitrust enforcement agencies
• Antitrust risk assessments of proposed mergers and affiliations, restrictive covenants and competitor collaborations
• Health care affiliations, joint venture agreements, managed care network structures and contracts, exclusive provider agreements and medical staff credentialing matters
• Compliance with the Hart-Scott-Rodino premerger reporting requirements, as well as representation throughout any ensuing government investigation
• Strategic advice to franchisors regarding mergers, acquisitions and joint ventures, brand management, patents, licensing and expansion of distribution channels
• Multinational transactions implicating worldwide competition laws in areas such as the European Union, Pacific Rim and Canada

Rather than viewing the antitrust laws as an insurmountable obstacle to client business objectives, we work creatively with our clients to structure their transactions and business dealings to minimize antitrust risk whenever possible. When antitrust litigation does arise, our talented team of antitrust trial attorneys provides a breadth of experience both prosecuting and defending antitrust claims in cases of national prominence. As antitrust counselors and litigators, we think outside the box, just as our clients do in their businesses, to help our clients achieve their goals.

Professionals